1. The Plaintiff (Counterclaim Defendant) paid KRW 15,00,000 to the Defendant (Counterclaim Plaintiff) and against this, from April 18, 2018 to July 23, 2020.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 26, 2017, the Plaintiff entered into a contract with C (hereinafter “C”) under which the Plaintiff would receive a contract for the construction work of the E Urban Residential Housing Construction Corporation (hereinafter “instant construction”) on the land outside and outside two lots of land in Jeonnam-gun, Jeonnam-gun, and the construction cost of KRW 4,193,817,80 (including value-added tax) (hereinafter “instant prime contract”).

B. On January 24, 2018, the Plaintiff entered into a contract with the Defendant to subcontract construction of reinforced concrete (hereinafter “instant reinforced concrete construction”) among the instant construction to the Defendant at KRW 650,000,000 (including value-added tax) (hereinafter “instant subcontract”).

C. As of January 24, 2018, the date of entering into the instant subcontract, the Plaintiff and the Defendant: (a) drafted a letter of termination of construction with the effect that “the Plaintiff of the prime contractor shall pay 40% of the construction amount to the Defendant at the request of the Defendant for the termination of the contract at the request of the Defendant; (b) the subcontractor shall pay the Plaintiff 40% of the construction amount as penalty upon the request of the principal contractor for the termination

(hereinafter referred to as the “instant contract for the termination of construction,” and the agreement under the said written contract is referred to as the “agreement for the penalty of this case”).

On February 7, 2018, the Plaintiff paid 50,000,000 won to the Defendant of the instant subcontract.

E. On April 16, 2018, the Plaintiff notified the Defendant of the purport that “C, the ordering person, is unable to carry out the instant subcontract because it terminated the original contract regarding the instant construction project,” and the said notification reached the Defendant on April 17, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, 11, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1C unilaterally terminated the original contract of this case.